Case: Ramos v. Nielsen

3:18-cv-01554 | U.S. District Court for the Northern District of California

Filed Date: March 12, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On March 12, 2018, a group of U.S. children, their non-citizen parents, and other non-citizen adults filed this class action lawsuit against the U.S. Department of Homeland Security (DHS). The plaintiffs challenged DHS’ new rule for determining whether or not to end Temporary Protected Status (TPS) designations for immigrants from countries facing various crises warranting their nationals to stay in the U.S. rather than be returned home. The plaintiffs argued that the new DHS rule violated thei…

On March 12, 2018, a group of U.S. children, their non-citizen parents, and other non-citizen adults filed this class action lawsuit against the U.S. Department of Homeland Security (DHS). The plaintiffs challenged DHS’ new rule for determining whether or not to end Temporary Protected Status (TPS) designations for immigrants from countries facing various crises warranting their nationals to stay in the U.S. rather than be returned home. The plaintiffs argued that the new DHS rule violated their rights under the Fifth Amendment as well as requirements set out by the Administrative Procedure Act (APA). Represented by the ACLU, the National Day Laborer Organizing Network, and Sidley Austin LLP, the plaintiffs sought declaratory and injunctive relief. This case was filed in the U.S. District Court for the Northern District of California and assigned to Judge Edward M. Chen.

As the complaint explained, TPS is a formal mechanism by which individuals from designated countries can legally stay and work in the U.S. when their countries are facing armed conflict, natural disaster, or other extraordinary circumstances making it untenable for them to return. Breaking from previous administrations’ practices, the Trump administration adopted a new rule in assessing whether to continue TPS status that allowed it to ignore consideration of any new crises that emerged since TPS status was granted. The complaint argued that the new DHS rule threatened more than 200,000 individuals with the risk of losing their right to legally work and live in the U.S. Thus, the complaint argued that over 200,000 U.S. citizen children faced the choice of being separated from their families or leaving the only home they had ever known. Moreover, the complaint highlighted President Trump’s various past statements to argue that issuance of the new rule was motivated by racial animus.

The plaintiffs were a combination of children who were U.S. citizens, their non-citizen parents with TPS status, and other adults with TPS status. The plaintiffs also sought to represent the following class: “The U.S. citizen children, from ages five to eighteen, of all TPS holders from El Salvador, Haiti, Nicaragua, and Sudan.”

On May 3, 2018, the parties filed a joint letter brief concerning a discovery dispute they were having. The plaintiffs were seeking early discovery to support a motion for a preliminary injunction, but the defendants opposed the request. On May 17, Judge Chen directed DHS to begin assembling the administrative record to avoid delay if production is later required.

DHS moved to dismiss the case on May 21. On June 15, the parties filed another joint letter brief regarding their discovery dispute. Specifically, the plaintiffs argued that discovery should not be limited to the administrative record given that they had pled separate constitutional claims. The defendants claimed that the court should first order production of the administrative record before considering questions of possible discovery.

Judge Chen issued a summary order denying the defendants' motion to dismiss on June 25, 2018. 2018 WL 3109604. The court held that it had jurisdiction to hear the case because, although the courts were limited in reviewing TPS designation determinations, this case did not challenge a particular determination but rather a broader policy. The court also held that the APA claim stood because DHS had not provided any reasoned explanation for the new rule as required under the APA. The court maintained the Fifth Amendment equal protection claim based on the plaintiffs' racial animus argument, holding that the Fifth Amendment barred racial discrimination in the immigration setting regardless of how much deference the executive branch normally receives on immigration matters. Finally, the court maintained the due process claim because the APA and equal protection claims were sufficiently pleaded. Judge Chen also ordered the defendants to respond to plaintiffs' discovery requests and to produce the administrative records for the TPS termination of Sudan and Nicaragua within 10 days, and for El Salvador and Haiti one week later.

On June 26, Judge Chen directed the parties to file supplemental briefs addressing whether the court should reconsider its holding with respect to the plaintiffs' equal protection claims in light of the U.S. Supreme Court's decision in Trump v. Hawaii.

On July 20, Judge Chen referred the parties to Magistrate Judge Sallie Kim to address their ongoing discovery dispute.

On August 6, 2018, Judge Chen issued another order denying the defendants' motion to dismiss, this time elaborating on his prior order and addressing intervening case law. 321 F.Supp.3d 1083. In addition to affirming his previous conclusions regarding the plaintiffs' APA and due process claims, Judge Chen found that the plaintiffs had plausibly alleged that racial and national-origin animus held by President Trump was a motivating factor in DHS's decision to terminate TPS designations, violating equal protection.

On August 10, Magistrate Judge Kim granted the plaintiffs' request to require the defendants to produce documents they had withheld on the basis of the deliberative process privilege. That same day, the defendants sought an emergency stay of the Magistrate's order pending review by the district court. On August 13, Judge Chen denied the defendants' emergency motion, finding that the production of documents could not be delayed. Judge Chen then denied the defendants' request for relief from the discovery order on August 15.

The plaintiffs moved for a preliminary injunction on August 23, which Judge Chen granted on Oct. 3, 2018. 2018 WL 4778285. The court held that the plaintiffs would suffer irreparable harm, including family separation and being forced to move back to countries where neither the children nor adults had any remaining ties. Moreover, the court held that the U.S. economy itself would be hurt if thousands of TPS status holders were suddenly removed. The court found that DHS had not provided any justification for its new rule, and that if anything, the rule was implemented out of racial animus and to affect the administration's pre-determined outcome to terminate TPS status. Subsequently, DHS appealed the decision to the Ninth Circuit, which assigned the appeal case number 18-16981. The district court approved the parties’ joint motion to stay proceedings pending the appeal on October 26, 2018.

In the district court on Feb. 26, 2019, Judge Chen found Bhattarai v. Nielsen (located here in this Clearinghouse) to be related and reassigned the case to his docket.

The Ninth Circuit heard oral argument on Aug. 14, 2019. On Aug. 21, the Court ordered the parties to submit supplemental briefs addressing whether (1) the government had waived any argument concerning the scope of the administrative record; if not, (2) whether the district court made sufficient findings to warrant additional discovery to supplement the record; and (3) whether the district court abused its discretion by ordering additional discovery. The parties filed their supplemental briefs.

On September 14, 2020, the Ninth Circuit vacated the preliminary injunction. 975 F.3d 872. In an opinion by Judge Callahan, the Ninth Circuit found that the district court did not have jurisdiction to review the plaintiffs APA because the TPS statute itself states that the Secretary of Homeland Security possesses full and unreviewable discretion in designating foreign states under the statute. The Ninth Circuit also found that there was not sufficient likelihood that the plaintiffs would succeed on the merits of their claims, as they did not provide adequate evidence linking President Trump's statements about other countries to the DHS Secretaries' TPS decision-making. As such, after vacating the preliminary injunction, the Ninth Circuit remanded the case to the district court for further proceedings.

DHS petitioned for a rehearing en banc, but the parties agreed to enter the Circuit Mediation Program on June 25, 2021 while the petition for rehearing was pending. On February 13, 2023, Judge Murguia of the Ninth Circuit ordered another rehearing en banc and vacated the previous three judges' panel opinion. He ordered another oral argument to take place on June 20, 2023.

On June 29, 2023, Judge Murguia put out another order based on the appellee's motion for voluntary dismissal. During 2021 and 2022, the Secretary of Homeland Security designated TPS for Haiti and Sudan while also rescinding the terminations for El Salvador and Nicaragua, providing an extension instead. Termination of TPS status was further rescinded for two additional countries, Nepal and Honduras. Based on these developments, Judge Murguia granted the motion for voluntary dismissal of the appeal before the Ninth Circuit. However, the court did not address whether the DHS’s actions related to the countries at issue had mooted the case. 

Plaintiffs then filed an amended class action complaint on August 24, 2023. The complaint expanded the class to include U.S. citizen children from the original four countries as well as Nepal and Honduras. The complaint first took issue with the “unlawful terminations issued in 2017 and 2018” which DHS has not recognized as unlawful, which they alleged would increase the risk of unlawful loss of TPS status in the future. Plaintiffs contended the terminations were unconstitutional because they were motivated by racial animus, in violation of the Equal Protection Clause. Secondly, the complaint took issue with the Biden Administration’s TPS designations/extensions which established registration deadlines that are "irrational... grossly premature,” contending they violated both the APA and the Fifth Amendment’s Due Process Clause. Finally, the plaintiffs contended that DHS illegally charged Haitian and Sudanese TPS holders a $50 registration fee, for they were required to register as new applicants due to terminations the plaintiffs allege to be unlawful. On September 14, 2023, the defendants promptly filed a motion to dismiss for lack of subject matter jurisdiction, contending the case was moot. 

On December 28, 2023, the District Court granted the defendants’ motion to dismiss, finding the case to be moot. 2023 WL 9002731. The court found no indication that DHS’s change in policy regarding TPS would be a “temporary [one] that [it] will refute once…litigation has concluded.” According to the court, although the current administration hasn’t conceded that the prior TPS policy was unlawful, their square rejection of the policy is indicative that similar conduct is not reasonably expected to recur. The court held that action which implicitly repudiates prior policy establishes mootness, thereby dismissing the case with prejudice with regard to the TPS claims — that is, no chance of filing an amended complaint. In its order, the court also addressed the plaintiff’s claim on the $50 registration fee. Seeing as no named plaintiff actually paid the fee following the new designations of Haiti and Sudan under TPS, the court found no plaintiff to have standing to proceed with the claim. For this registration fee claim only, Judge Chen dismissed the claim but provided the plaintiffs 60 days to file an amended complaint. The plaintiffs, thus, have until February 26, 2024 to file an amended complaint.

Summary Authors

Virginia Weeks (10/21/2018)

Erica Lignell (4/3/2019)

Sam Kulhanek (4/22/2020)

Gabrielle Simeck (10/12/2020)

Jordan Katz (10/30/2021)

Carlos Hurtado-Esteve (11/8/2023)

Kavitha Babu (2/6/2024)

Related Cases

Moreno v. Nielsen, Eastern District of New York (2018)

Centro Presente v. Trump, District of Massachusetts (2018)

CASA de Maryland v. Trump, District of Maryland (2018)

Bhattarai v. Nielsen, Northern District of California (2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6438835/parties/ramos-v-nielsen/


Judge(s)
Attorney for Plaintiff

Arulanantham, Ahilan T (California)

Bansal, Jessica Karp (California)

Attorney for Defendant

Avallone, Zachary Anthony (California)

Expert/Monitor/Master/Other

Bansal, Jessica Karp (California)

Carter, Margaret L. (California)

show all people

Documents in the Clearinghouse

Document

3:18-cv-01554

Docket [PACER]

June 25, 2021

June 25, 2021

Docket
1

3:18-cv-01554

Complaint

March 12, 2018

March 12, 2018

Complaint
55

3:18-cv-01554

Order Denying Defendants' Motion to Dismiss

Aug. 6, 2018

Aug. 6, 2018

Order/Opinion

321 F.Supp.3d 1083

128

3:18-cv-01554

Order Granting Plaintiffs' Motion for Preliminary Injunction

Oct. 3, 2018

Oct. 3, 2018

Order/Opinion

336 F.Supp.3d 1075

18-16981

Opinion

Ramos v. Wolf

U.S. Court of Appeals for the Ninth Circuit

Sept. 14, 2020

Sept. 14, 2020

Order/Opinion

975 F.3d 872

187

3:18-cv-01554

USCA Order

Feb. 13, 2023

Feb. 13, 2023

Order/Opinion
197

3:18-cv-01554

USCA Order

June 29, 2023

June 29, 2023

Order/Opinion
204

3:18-cv-01554

Class Action Amended Complaint

Aug. 24, 2023

Aug. 24, 2023

Complaint
222

3:18-cv-01554

Order Granting Defendants' Motion to Dismiss

Dec. 28, 2023

Dec. 28, 2023

Order/Opinion

2023 WL 9002731

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6438835/ramos-v-nielsen/

Last updated April 7, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT against Elaine C. Duke, Kirstjen Nielsen, United States Department of Homeland Security, United States of America (Filing fee $ 400, receipt number 0971-12179762). Filed by Sherika Blanc, Elsy Yolanda Flores de Ayala, Cristina Morales, Crista Ramos, Mazin Ahmed, Maria Jose Ayala Flores, Benjamin Zepeda, Wilna Destin, Imara Ampie, Hiwaida Elarabi, Hnaida Cenemat, Orlando Zepeda, Rilya Salary, Juan Eduardo Ayala Flores. (Attachments: # 1 Civil Cover Sheet)(Commons, Sean) (Filed on 3/12/2018) Modified on 3/13/2018 (slhS, COURT STAFF). (Entered: 03/12/2018)

1 Civil Cover Sheet

View on PACER

March 12, 2018

March 12, 2018

Clearinghouse
2

Proposed Summons. (Commons, Sean) (Filed on 3/12/2018) (Entered: 03/12/2018)

March 12, 2018

March 12, 2018

PACER
3

Certificate of Interested Entities by Mazin Ahmed, Imara Ampie, Juan Eduardo Ayala Flores, Maria Jose Ayala Flores, Sherika Blanc, Hnaida Cenemat, Wilna Destin, Hiwaida Elarabi, Elsy Yolanda Flores de Ayala, Cristina Morales, Crista Ramos, Rilya Salary, Benjamin Zepeda, Orlando Zepeda (Commons, Sean) (Filed on 3/12/2018) (Entered: 03/12/2018)

March 12, 2018

March 12, 2018

RECAP
4

NOTICE by Mazin Ahmed, Imara Ampie, Juan Eduardo Ayala Flores, Maria Jose Ayala Flores, Sherika Blanc, Hnaida Cenemat, Wilna Destin, Hiwaida Elarabi, Elsy Yolanda Flores de Ayala, Cristina Morales, Crista Ramos, Rilya Salary, Benjamin Zepeda, Orlando Zepeda NOTICE OF PENDENCY OF OTHER ACTIONS (Commons, Sean) (Filed on 3/12/2018) (Entered: 03/12/2018)

March 12, 2018

March 12, 2018

PACER
5

Case assigned to Judge Edward M. Chen. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (bwS, COURT STAFF) (Filed on 3/12/2018) (Entered: 03/12/2018)

March 12, 2018

March 12, 2018

PACER
6

Initial Case Management Scheduling Order with ADR Deadlines: This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras Case Management Statement due by 6/7/2018. Initial Case Management Conference set for 6/14/2018 09:30 AM in San Francisco, Courtroom 05, 17th Floor. (Attachments: # 1 Notice of Eligibility for Video Recording)(slhS, COURT STAFF) (Filed on 3/13/2018) (Entered: 03/13/2018)

1 Notice of Eligibility for Video Recording

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March 13, 2018

March 13, 2018

PACER

Electronic Filing Error

March 13, 2018

March 13, 2018

PACER

Electronic filing error Re: 2 Proposed Summons filed by Mazin Ahmed, Hiwaida Elarabi, Hnaida Cenemat, Cristina Morales, Maria Jose Ayala Flores, Elsy Yolanda Flores de Ayala, Juan Eduardo Ayala Flores, Rilya Salary, Orlando Zepeda, Imara Ampie, Crista Ramos, Sherika Blanc, Wilna Destin, Benjamin Zepeda. Summons cannot be issued in blank (defendants have not been listed). This filing will not be processed by the clerks office. Please re-file completed form in its entirety. (slhS, COURT STAFF) (Filed on 3/13/2018)

March 13, 2018

March 13, 2018

PACER
7

Proposed Summons. (Commons, Sean) (Filed on 3/13/2018) (Entered: 03/13/2018)

March 13, 2018

March 13, 2018

PACER
8

Summons Issued as to Elaine C. Duke, Kirstjen Nielsen, United States Department of Homeland Security, United States of America, and U.S. Attorney. (slhS, COURT STAFF) (Filed on 3/15/2018) (Entered: 03/15/2018)

March 15, 2018

March 15, 2018

PACER
9

CERTIFICATE OF SERVICE by Mazin Ahmed, Imara Ampie, Juan Eduardo Ayala Flores, Maria Jose Ayala Flores, Sherika Blanc, Hnaida Cenemat, Wilna Destin, Hiwaida Elarabi, Elsy Yolanda Flores de Ayala, Cristina Morales, Crista Ramos, Rilya Salary, Benjamin Zepeda, Orlando Zepeda on the United States of America (Degen, Alycia) (Filed on 4/2/2018) (Entered: 04/02/2018)

April 2, 2018

April 2, 2018

RECAP
10

CERTIFICATE OF SERVICE by Mazin Ahmed, Imara Ampie, Juan Eduardo Ayala Flores, Maria Jose Ayala Flores, Sherika Blanc, Hnaida Cenemat, Wilna Destin, Hiwaida Elarabi, Elsy Yolanda Flores de Ayala, Cristina Morales, Crista Ramos, Rilya Salary, Benjamin Zepeda, Orlando Zepeda on the United States Department of Homeland Security (Degen, Alycia) (Filed on 4/2/2018) (Entered: 04/02/2018)

April 2, 2018

April 2, 2018

RECAP
11

CERTIFICATE OF SERVICE by Mazin Ahmed, Imara Ampie, Juan Eduardo Ayala Flores, Maria Jose Ayala Flores, Sherika Blanc, Hnaida Cenemat, Wilna Destin, Hiwaida Elarabi, Elsy Yolanda Flores de Ayala, Cristina Morales, Crista Ramos, Rilya Salary, Benjamin Zepeda, Orlando Zepeda on Kirstjen Nielsen, in her Official Capacity as Secretary of Homeland Security (Degen, Alycia) (Filed on 4/2/2018) (Entered: 04/02/2018)

April 2, 2018

April 2, 2018

PACER
12

CERTIFICATE OF SERVICE by Mazin Ahmed, Imara Ampie, Juan Eduardo Ayala Flores, Maria Jose Ayala Flores, Sherika Blanc, Hnaida Cenemat, Wilna Destin, Hiwaida Elarabi, Elsy Yolanda Flores de Ayala, Cristina Morales, Crista Ramos, Rilya Salary, Benjamin Zepeda, Orlando Zepeda on Elaine C. Duke, in her Official Capacity as Deputy Secretary of Homeland Security (Degen, Alycia) (Filed on 4/2/2018) (Entered: 04/02/2018)

April 2, 2018

April 2, 2018

RECAP
13

NOTICE of Appearance by William S. Freeman (Freeman, William) (Filed on 4/24/2018) (Entered: 04/24/2018)

April 24, 2018

April 24, 2018

PACER
14

Joint Discovery Letter Brief filed by Mazin Ahmed, Imara Ampie, Juan Eduardo Ayala Flores, Maria Jose Ayala Flores, Sherika Blanc, Hnaida Cenemat, Wilna Destin, Hiwaida Elarabi, Elsy Yolanda Flores de Ayala, Cristina Morales, Crista Ramos, Rilya Salary, Benjamin Zepeda, Orlando Zepeda. (Attachments: # 1 Attachment A, # 2 Certificate/Proof of Service Certificate of Service)(Degen, Alycia) (Filed on 5/3/2018) (Entered: 05/03/2018)

1 Attachment A

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2 Certificate/Proof of Service Certificate of Service

View on PACER

May 3, 2018

May 3, 2018

RECAP

Set/Reset Hearings

May 7, 2018

May 7, 2018

PACER

Set/Reset Hearing Motion Hearing re 14 Joint Discovery Letter Brief set for 5/17/2017 01:30 PM. Initial Case Management Conference re-set for 5/17/2018 at 1:30 PM (6/14/18 date is vacated). Joint Case Management statement to be filed by end of day 5/10/2018. Hearing to be held in San Francisco, Courtroom 05, 17th Floor. (emclc1, COURT STAFF) (Filed on 5/7/2018)

May 7, 2018

May 7, 2018

PACER
15

NOTICE of Appearance by Rhett Martin on behalf of Defendants (Martin, Rhett) (Filed on 5/7/2018) (Entered: 05/07/2018)

May 7, 2018

May 7, 2018

PACER
16

JOINT CASE MANAGEMENT STATEMENT filed by Mazin Ahmed, Imara Ampie, Juan Eduardo Ayala Flores, Maria Jose Ayala Flores, Sherika Blanc, Hnaida Cenemat, Wilna Destin, Hiwaida Elarabi, Elsy Yolanda Flores de Ayala, Cristina Morales, Crista Ramos, Rilya Salary, Benjamin Zepeda, Orlando Zepeda. (Degen, Alycia) (Filed on 5/10/2018) (Entered: 05/10/2018)

May 10, 2018

May 10, 2018

RECAP
17

Minute Entry for proceedings held before Judge Edward M. Chen: Discovery Hearing held on 5/17/2018. Further Case Management Conference set for 6/22/2018 10:30 AM in San Francisco, Courtroom 05, 17th Floor. Case Management Statement due by 6/15/2018. Motion to Dismiss Hearing set for 6/22/2018 10:30 AM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Motion for Preliminary Injunction Hearing set for 9/27/2018 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Total Time in Court: 1 hour. Court Reporter: Belle Ball. (bpfS, COURT STAFF) (Date Filed: 5/17/2018) (Entered: 05/17/2018)

May 17, 2018

May 17, 2018

PACER
18

TRANSCRIPT ORDER for proceedings held on 05/17/2018 before Judge Edward M. Chen by Mazin Ahmed, Imara Ampie, Juan Eduardo Ayala Flores, Maria Jose Ayala Flores, Sherika Blanc, Hnaida Cenemat, Wilna Destin, Hiwaida Elarabi, Elsy Yolanda Flores de Ayala, Cristina Morales, Crista Ramos, Rilya Salary, Benjamin Zepeda, Orlando Zepeda, for Court Reporter Belle Ball. (Degen, Alycia) (Filed on 5/18/2018) (Entered: 05/18/2018)

May 18, 2018

May 18, 2018

RECAP
19

Transcript of Proceedings held on May 17, 2018, before Judge Edward M. Chen. Court Reporter Belle Ball, CSR, CRR, RDR, telephone number (415)373-2529, belle_ball@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 18 Transcript Order, ) Release of Transcript Restriction set for 8/20/2018. (Related documents(s) 18 ) (ballbb15S, COURT STAFF) (Filed on 5/21/2018) (Entered: 05/21/2018)

May 21, 2018

May 21, 2018

PACER
20

MOTION to Dismiss Complaint filed by Kirstjen Nielsen, United States Department of Homeland Security, United States of America. Motion Hearing set for 6/22/2018 10:30 AM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Responses due by 6/4/2018. Replies due by 6/10/2018. (Martin, Rhett) (Filed on 5/21/2018) Modified on 5/23/2018 (bpfS, COURT STAFF). (Entered: 05/21/2018)

May 21, 2018

May 21, 2018

RECAP
21

CLERK'S NOTICE re: 20 MOTION to Dismiss Complaint. Opposition due by 6/4/2018. Reply due by 6/11/2018. Motion Hearing set for 6/22/2018 10:30 AM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. (This is a text-only entry generated by the court. There is no document associated with this entry.), (bpfS, COURT STAFF) (Filed on 5/23/2018) (Entered: 05/23/2018)

May 23, 2018

May 23, 2018

PACER
22

Clerk's Notice of Video Recording Request. Video Camera hearing set for 6/22/2018 10:30 AM. Objections to Video Recording due 6/7/2018. (bpfS, COURT STAFF) (Filed on 5/31/2018) (Entered: 05/31/2018)

May 31, 2018

May 31, 2018

RECAP
23

OPPOSITION/RESPONSE (re 20 MOTION to Dismiss Complaint ) filed byMazin Ahmed, Imara Ampie, Juan Eduardo Ayala Flores, Maria Jose Ayala Flores, Sherika Blanc, Hnaida Cenemat, Wilna Destin, Hiwaida Elarabi, Elsy Yolanda Flores de Ayala, Cristina Morales, Crista Ramos, Rilya Salary, Benjamin Zepeda, Orlando Zepeda. (Attachments: # 1 Proposed Order)(Degen, Alycia) (Filed on 6/4/2018) (Entered: 06/04/2018)

1 Proposed Order

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June 4, 2018

June 4, 2018

PACER
24

NOTICE of Change of Address by Mark E. Haddad (Haddad, Mark) (Filed on 6/5/2018) (Entered: 06/05/2018)

June 5, 2018

June 5, 2018

PACER
25

Clerk's Notice CONSENTING TO Video Recording re: 22 Clerk's Notice of Video Recording Request. (Related documents(s) 22 )(bpfS, COURT STAFF) (Filed on 6/8/2018) (Entered: 06/08/2018)

June 8, 2018

June 8, 2018

RECAP
26

REPLY in Support (re 20 MOTION to Dismiss Complaint ) filed by Elaine C. Duke, Kirstjen Nielsen, United States Department of Homeland Security, United States of America. (Martin, Rhett) (Filed on 6/11/2018) Modified on 6/12/2018 (slhS, COURT STAFF). (Entered: 06/11/2018)

June 11, 2018

June 11, 2018

PACER
27

TRANSCRIPT ORDER for proceedings held on 5/17/2018 before Judge Edward M. Chen by Elaine C. Duke, Kirstjen Nielsen, United States Department of Homeland Security, United States of America, for Court Reporter Belle Ball. (Martin, Rhett) (Filed on 6/12/2018) (Entered: 06/12/2018)

June 12, 2018

June 12, 2018

PACER
28

Joint Discovery Letter Brief filed by Mazin Ahmed, Imara Ampie, Juan Eduardo Ayala Flores, Maria Jose Ayala Flores, Sherika Blanc, Hnaida Cenemat, Wilna Destin, Hiwaida Elarabi, Elsy Yolanda Flores de Ayala, Cristina Morales, Crista Ramos, Rilya Salary, Benjamin Zepeda, Orlando Zepeda. (Degen, Alycia) (Filed on 6/15/2018) (Entered: 06/15/2018)

June 15, 2018

June 15, 2018

RECAP
29

ORDER RE: Supplemental Briefing by Plaintiffs due Thursday June 21, 2018 at 12p.m. Signed by Judge Edward M. Chen on June 19, 2018. (emclc1, COURT STAFF) (Filed on 6/19/2018) (Entered: 06/19/2018)

June 19, 2018

June 19, 2018

RECAP
30

Supplemental Brief re 20 MOTION to Dismiss Complaint (filed in Opposition) filed byMazin Ahmed, Imara Ampie, Juan Eduardo Ayala Flores, Maria Jose Ayala Flores, Sherika Blanc, Hnaida Cenemat, Wilna Destin, Hiwaida Elarabi, Elsy Yolanda Flores de Ayala, Cristina Morales, Crista Ramos, Rilya Salary, Benjamin Zepeda, Orlando Zepeda. (Related document(s) 20 ) (Degen, Alycia) (Filed on 6/21/2018) (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

RECAP
31

ERRATA re 30 Supplemental Brief, filed in Opposition to Defendants' Motion to Dismiss by Mazin Ahmed, Imara Ampie, Juan Eduardo Ayala Flores, Maria Jose Ayala Flores, Sherika Blanc, Hnaida Cenemat, Wilna Destin, Hiwaida Elarabi, Elsy Yolanda Flores de Ayala, Cristina Morales, Crista Ramos, Rilya Salary, Benjamin Zepeda, Orlando Zepeda. (Attachments: # 1 Exhibit A)(Degen, Alycia) (Filed on 6/21/2018) (Entered: 06/21/2018)

1 Exhibit A

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June 21, 2018

June 21, 2018

PACER
32

TRANSCRIPT ORDER for proceedings held on 5/17/2018 before Judge Edward M. Chen for Court Reporter Belle Ball. (rjdS, COURT STAFF) (Filed on 6/22/2018) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

RECAP
33

TRANSCRIPT ORDER for proceedings held on June 22, 2018 before Judge Edward M. Chen by Mazin Ahmed, Imara Ampie, Juan Eduardo Ayala Flores, Maria Jose Ayala Flores, Sherika Blanc, Hnaida Cenemat, Wilna Destin, Hiwaida Elarabi, Elsy Yolanda Flores de Ayala, Cristina Morales, Crista Ramos, Rilya Salary, Benjamin Zepeda, Orlando Zepeda, for Court Reporter Jo Ann Bryce. (Degen, Alycia) (Filed on 6/25/2018) (Entered: 06/25/2018)

June 25, 2018

June 25, 2018

PACER
34

ORDER - ABBREVIATED ORDER by Judge Edward M. Chen Denying 20 Defendants' Motion to Dismiss. (emcsec, COURT STAFF) (Filed on 6/25/2018) (Entered: 06/25/2018)

June 25, 2018

June 25, 2018

RECAP
35

Minute Entry for proceedings held before Judge Edward M. Chen: Motion Hearing held on 6/22/2018 re 20 MOTION to Dismiss Complaint filed by Kirstjen Nielsen, United States of America, United States Department of Homeland Security. Under submission. Total Time in Court: 2 hours 15 minutes. Court Reporter: JoAnn Bryce. (bpfS, COURT STAFF) (Date Filed: 6/25/2018) (Entered: 06/25/2018)

June 25, 2018

June 25, 2018

PACER
36

ORDER RE: Supplemental Briefing on Equal Protection Claim due Monday July 2, 2018. Signed by Judge Edward M. Chen on June 26, 2018. (emclc1, COURT STAFF) (Filed on 6/26/2018) (Entered: 06/26/2018)

June 26, 2018

June 26, 2018

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37

TRANSCRIPT ORDER for proceedings held on 6/22/2018 before Judge Edward M. Chen by Elaine C. Duke, Kirstjen Nielsen, United States Department of Homeland Security, United States of America, for Court Reporter Jo Ann Bryce. (Martin, Rhett) (Filed on 6/27/2018) (Entered: 06/27/2018)

June 27, 2018

June 27, 2018

PACER
38

TRANSCRIPT ORDER for proceedings held on 06/22/2018 before Judge Edward M. Chen for Court Reporter Jo Ann Bryce. (rjdS, COURT STAFF) (Filed on 6/28/2018) (Entered: 06/28/2018)

June 28, 2018

June 28, 2018

PACER
39

Transcript of Proceedings held on 6/22/18, before Judge Edward M. Chen. Court Reporter Jo Ann Bryce, telephone number 510-910-5888, joann_bryce@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction after 90 days. After that date, it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 33 Transcript Order, ) Release of Transcript Restriction set for 9/26/2018. (Related documents(s) 33 ) (jabS, COURTSTAFF) (Filed on 6/28/2018) (Entered: 06/28/2018)

June 28, 2018

June 28, 2018

PACER
40

Supplemental Brief re 36 Order re: Supplemental Briefing filed byMazin Ahmed, Imara Ampie, Juan Eduardo Ayala Flores, Maria Jose Ayala Flores, Sherika Blanc, Hnaida Cenemat, Wilna Destin, Hiwaida Elarabi, Elsy Yolanda Flores de Ayala, Cristina Morales, Crista Ramos, Rilya Salary, Benjamin Zepeda, Orlando Zepeda. (Related document(s) 36 ) (Degen, Alycia) (Filed on 7/2/2018) (Entered: 07/02/2018)

July 2, 2018

July 2, 2018

RECAP
41

Supplemental Brief re 36 Order for Supplemental Briefing re: Equal Protection Claim filed byElaine C. Duke, Kirstjen Nielsen, United States Department of Homeland Security, United States of America. (Related document(s) 36 ) (Martin, Rhett) (Filed on 7/2/2018) (Entered: 07/02/2018)

July 2, 2018

July 2, 2018

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42

STIPULATION ENLARGING TIME TO ANSWER COMPLAINT filed by Elaine C. Duke, Kirstjen Nielsen, United States Department of Homeland Security, United States of America. (Martin, Rhett) (Filed on 7/6/2018) (Entered: 07/06/2018)

July 6, 2018

July 6, 2018

PACER
43

Joint Discovery Letter Brief filed by Mazin Ahmed, Imara Ampie, Juan Eduardo Ayala Flores, Maria Jose Ayala Flores, Sherika Blanc, Hnaida Cenemat, Wilna Destin, Hiwaida Elarabi, Elsy Yolanda Flores de Ayala, Cristina Morales, Crista Ramos, Rilya Salary, Benjamin Zepeda, Orlando Zepeda. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18)(Degen, Alycia) (Filed on 7/17/2018) (Entered: 07/17/2018)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

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14 Exhibit 14

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15 Exhibit 15

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16 Exhibit 16

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17 Exhibit 17

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18 Exhibit 18

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July 17, 2018

July 17, 2018

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44

ORDER REFERRING DISCOVERY AND JOINT LETTER DISCOVERY BRIEF to Magistrate Judge Sallie Kim. Signed by Judge Edward M. Chen on 7/20/2018. (tlhS, COURT STAFF) (Filed on 7/20/2018) (Entered: 07/20/2018)

July 20, 2018

July 20, 2018

PACER

Case Referred to Magistrate Judge for Discovery

July 20, 2018

July 20, 2018

PACER

CASE REFERRED to Magistrate Judge Sallie Kim for Discovery (ahm, COURT STAFF) (Filed on 7/20/2018)

July 20, 2018

July 20, 2018

PACER
45

STIPULATION to Enlarge Time to Answer the Complaint filed by Elaine C. Duke, Kirstjen Nielsen, United States Department of Homeland Security, United States of America. (Martin, Rhett) (Filed on 7/24/2018) (Entered: 07/24/2018)

July 24, 2018

July 24, 2018

PACER
46

STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byMazin Ahmed, Imara Ampie, Juan Eduardo Ayala Flores, Maria Jose Ayala Flores, Sherika Blanc, Hnaida Cenemat, Wilna Destin, Hiwaida Elarabi, Elsy Yolanda Flores de Ayala, Cristina Morales, Crista Ramos, Rilya Salary, Benjamin Zepeda, Orlando Zepeda. (Attachments: # 1 Exhibit)(Commons, Sean) (Filed on 7/24/2018) (Entered: 07/24/2018)

1 Exhibit

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July 24, 2018

July 24, 2018

PACER
47

Letter Brief (Joint) filed byMazin Ahmed, Imara Ampie, Juan Eduardo Ayala Flores, Maria Jose Ayala Flores, Sherika Blanc, Hnaida Cenemat, Wilna Destin, Hiwaida Elarabi, Elsy Yolanda Flores de Ayala, Cristina Morales, Crista Ramos, Rilya Salary, Benjamin Zepeda, Orlando Zepeda. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Commons, Sean) (Filed on 7/30/2018) (Entered: 07/30/2018)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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July 30, 2018

July 30, 2018

PACER
48

CLERK'S NOTICE Setting Telephonic Hearing: Notice is given that a Telephonic Motion Hearing Re: 47 Discovery Letter Brief is set for 8/2/2018 08:00 AM in San Francisco, Courtroom A, 15th Floor before Magistrate Judge Sallie Kim. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mklS, COURT STAFF) (Filed on 8/1/2018) (Entered: 08/01/2018)

Aug. 1, 2018

Aug. 1, 2018

PACER
49

ORDER REGARDING JOINT LETTER BRIEF (docket nos. 43 and 47 ). Signed by Magistrate Judge Sallie Kim on 8/1/2018. (mklS, COURT STAFF) (Filed on 8/1/2018) (Entered: 08/01/2018)

Aug. 1, 2018

Aug. 1, 2018

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50

NOTICE of Appearance by Kevin M Snell (Snell, Kevin) (Filed on 8/2/2018) (Entered: 08/02/2018)

Aug. 2, 2018

Aug. 2, 2018

PACER
51

PDF with attached Audio File. Court Date & Time [ 8/2/2018 8:00:39 AM ]. File Size [ 17344 KB ]. Run Time [ 00:36:08 ]. (courtspeak). (Entered: 08/02/2018)

Aug. 2, 2018

Aug. 2, 2018

PACER
52

Minute Entry for proceedings held before Magistrate Judge Sallie Kim: Telephonic Motion Hearing held on 8/2/2018 re 43 and 47 Joint Discovery Letter Briefs. By Monday 8/6/2018, Plaintiffs shall provide the Court with a list in order of importance containing the names of the seven additional custodians and search terms being requested. Also by Monday 8/6/2018, Defendants shall file a letter brief explaining the protocol being used in applying the search terms. As soon as possible, both sides should file a list identifying ten documents from the privilege log for the Court to review in camera. Defense counsel may then email the documents identified to the Court for review. The Court will issue a written order on the discovery letter brief. (FTR Time: 8:00-8:36.) Attorneys for Plaintiffs: Sean Commons. Attorney for Defendants: Kevin Snell. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mklS, COURT STAFF) (Date Filed: 8/2/2018) Modified on 8/23/2019: Matter transcribed by Joan Columbini. (rjdS, COURT STAFF). (Entered: 08/02/2018)

Aug. 2, 2018

Aug. 2, 2018

PACER
53

SECOND ORDER REGARDING DISCOVERY LETTER BRIEF (docket nos. 43 and 47 ) by Magistrate Judge Sallie Kim. (mklS, COURT STAFF) (Filed on 8/2/2018) (Entered: 08/02/2018)

Aug. 2, 2018

Aug. 2, 2018

RECAP
54

Letter from Plaintiffs re: In Camera Review. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Commons, Sean) (Filed on 8/3/2018) (Entered: 08/03/2018)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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Aug. 3, 2018

Aug. 3, 2018

PACER
55

ORDER Denying 20 Defendants' Motion to Dismiss. Signed by Judge Edward M. Chen on 8/6/2018. (emcsec, COURT STAFF) (Filed on 8/6/2018) (Entered: 08/06/2018)

Aug. 6, 2018

Aug. 6, 2018

Clearinghouse
56

Letter from Defendants Regarding Search Protocol. (Snell, Kevin) (Filed on 8/6/2018) (Entered: 08/06/2018)

Aug. 6, 2018

Aug. 6, 2018

RECAP
57

NOTICE of Appearance by Katelyn Rowe on behalf of Plaintiffs (Rowe, Katelyn) (Filed on 8/6/2018) (Entered: 08/06/2018)

Aug. 6, 2018

Aug. 6, 2018

PACER
58

Letter Brief re 53 Order on Discovery Letter Brief filed byMazin Ahmed, Imara Ampie, Juan Eduardo Ayala Flores, Maria Jose Ayala Flores, Sherika Blanc, Hnaida Cenemat, Wilna Destin, Hiwaida Elarabi, Elsy Yolanda Flores de Ayala, Cristina Morales, Crista Ramos, Rilya Salary, Benjamin Zepeda, Orlando Zepeda. (Related document(s) 53 ) (Commons, Sean) (Filed on 8/6/2018) (Entered: 08/06/2018)

Aug. 6, 2018

Aug. 6, 2018

PACER
59

Letter from Sean A Commons . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Commons, Sean) (Filed on 8/7/2018) (Entered: 08/07/2018)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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Aug. 7, 2018

Aug. 7, 2018

PACER
60

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 26BF9325.) Filing fee previously paid on 08/07/2018 filed by Mazin Ahmed, Imara Ampie, Juan Eduardo Ayala Flores, Maria Jose Ayala Flores, Sherika Blanc, Hnaida Cenemat, Wilna Destin, Hiwaida Elarabi, Elsy Yolanda Flores de Ayala, Cristina Morales, Crista Ramos, Rilya Salary, Benjamin Zepeda, Orlando Zepeda. (Attachments: # 1 Certificate of Good Standing)(Fishfeld, Jessica) (Filed on 8/7/2018) (Entered: 08/07/2018)

1 Certificate of Good Standing

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Aug. 7, 2018

Aug. 7, 2018

PACER
61

Letter Brief re Deliberative Process filed byElaine C. Duke, Kirstjen Nielsen, United States Department of Homeland Security, United States of America. (Attachments: # 1 Exhibit, # 2 Exhibit)(Martin, Rhett) (Filed on 8/8/2018) (Entered: 08/08/2018)

1 Exhibit

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2 Exhibit

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Aug. 8, 2018

Aug. 8, 2018

PACER
62

Letter Brief Regarding Deliberative Process Documents filed byElaine C. Duke, Kirstjen Nielsen, United States Department of Homeland Security, United States of America. (Martin, Rhett) (Filed on 8/10/2018) (Entered: 08/10/2018)

Aug. 10, 2018

Aug. 10, 2018

PACER
63

ORDER RE: JOINT LETTER BRIEF. Signed by Magistrate Judge Sallie Kim on 8/10/2018. (mklS, COURT STAFF) (Filed on 8/10/2018) (Entered: 08/10/2018)

Aug. 10, 2018

Aug. 10, 2018

PACER
64

Emergency MOTION to Expedite, Emergency MOTION to Stay re 63 Order filed by Elaine C. Duke, Kirstjen Nielsen, United States Department of Homeland Security, United States of America. Motion Hearing set for 8/10/2018 06:30 PM before Judge Edward M. Chen. Responses due by 8/10/2018. Replies due by 8/10/2018. (Kirschner, Adam) (Filed on 8/10/2018) (Entered: 08/10/2018)

Aug. 10, 2018

Aug. 10, 2018

PACER
65

STIPULATION WITH PROPOSED ORDER to Modify Hearing Schedule filed by Mazin Ahmed, Imara Ampie, Juan Eduardo Ayala Flores, Maria Jose Ayala Flores, Sherika Blanc, Hnaida Cenemat, Wilna Destin, Hiwaida Elarabi, Elsy Yolanda Flores de Ayala, Cristina Morales, Crista Ramos, Rilya Salary, Benjamin Zepeda, Orlando Zepeda. (Attachments: # 1 Proposed Order)(Arulanantham, Ahilan) (Filed on 8/10/2018) (Entered: 08/10/2018)

1 Proposed Order

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Aug. 10, 2018

Aug. 10, 2018

PACER
66

STIPULATION AND ORDER re 65 Motion for Preliminary Injunction Briefing Schedule filed by Mazin Ahmed, etc. Preliminary Injunction Hearing reset for 9/25/2018 01:30 PM. Signed by Judge Edward M. Chen on 8/13/18. (bpfS, COURT STAFF) (Filed on 8/13/2018) (Entered: 08/13/2018)

Aug. 13, 2018

Aug. 13, 2018

RECAP
67

ORDER by Judge Edward M. Chen Denying 64 Defendants' Emergency Motion to Stay Discovery Order. (emcsec, COURT STAFF) (Filed on 8/13/2018) (Entered: 08/13/2018)

Aug. 13, 2018

Aug. 13, 2018

PACER
68

CLERK'S NOTICE. Plaintiff's Motion for Preliminary Hearing reset from 1:30 p.m. to 10:30 a.m. on 9/25/2018 10:30 AM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. (Due to plaintiff's counsel unavailability). (This is a text-only entry generated by the court. There is no document associated with this entry.) (bpfS, COURT STAFF) (Filed on 8/13/2018) (Entered: 08/13/2018)

Aug. 13, 2018

Aug. 13, 2018

PACER
69

ORDER by Judge Edward M. Chen granting 60 Motion for Pro Hac Vice. (bpfS, COURT STAFF) (Filed on 8/13/2018) (Entered: 08/13/2018)

Aug. 13, 2018

Aug. 13, 2018

PACER
70

NOTICE of Appearance by Mohindra Rupram (Rupram, Mohindra) (Filed on 8/13/2018) (Entered: 08/13/2018)

Aug. 13, 2018

Aug. 13, 2018

PACER
71

NOTICE of Appearance by Joseph C Dugan (Dugan, Joseph) (Filed on 8/13/2018) (Entered: 08/13/2018)

Aug. 13, 2018

Aug. 13, 2018

PACER
72

ADMINISTRATIVE MOTION for Page Extension filed by Elaine C. Duke, Kirstjen Nielsen, United States Department of Homeland Security, United States of America. Responses due by 8/17/2018. (Attachments: # 1 Proposed Order)(Martin, Rhett) (Filed on 8/13/2018) (Entered: 08/13/2018)

1 Proposed Order

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Aug. 13, 2018

Aug. 13, 2018

PACER
73

MOTION for Review of Magistrate Judge Discovery Order re 63 Order, 67 Order on Motion to Expedite, Order on Motion to Stay filed by Elaine C. Duke, Kirstjen Nielsen, United States Department of Homeland Security, United States of America. Responses due by 8/15/2018. (Dugan, Joseph) (Filed on 8/13/2018) (Entered: 08/13/2018)

Aug. 13, 2018

Aug. 13, 2018

PACER
74

NOTICE by Elaine C. Duke, Kirstjen Nielsen, United States Department of Homeland Security, United States of America re 73 MOTION Review of Magistrate Judge Discovery Order re 63 Order, 67 Order on Motion to Expedite, Order on Motion to Stay (Notice of Supplemental Authority) (Attachments: # 1 Exhibit)(Dugan, Joseph) (Filed on 8/14/2018) (Entered: 08/14/2018)

1 Exhibit

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Aug. 14, 2018

Aug. 14, 2018

PACER
75

NOTICE by Elaine C. Duke, Kirstjen Nielsen, United States Department of Homeland Security, United States of America of Errata (Attachments: # 1 Errata)(Martin, Rhett) (Filed on 8/14/2018) (Entered: 08/14/2018)

1 Errata

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Aug. 14, 2018

Aug. 14, 2018

PACER
76

ANSWER to Complaint byElaine C. Duke, Kirstjen Nielsen, United States Department of Homeland Security, United States of America. (Dugan, Joseph) (Filed on 8/14/2018) (Entered: 08/14/2018)

Aug. 14, 2018

Aug. 14, 2018

PACER
77

NOTICE of Appearance by Matthew Waters Light (Light, Matthew) (Filed on 8/15/2018) (Entered: 08/15/2018)

Aug. 15, 2018

Aug. 15, 2018

PACER
78

OPPOSITION/RESPONSE (re 73 MOTION Review of Magistrate Judge Discovery Order re 63 Order, 67 Order on Motion to Expedite, Order on Motion to Stay ) filed byMazin Ahmed, Imara Ampie, Juan Eduardo Ayala Flores, Maria Jose Ayala Flores, Sherika Blanc, Hnaida Cenemat, Wilna Destin, Hiwaida Elarabi, Elsy Yolanda Flores de Ayala, Cristina Morales, Crista Ramos, Rilya Salary, Benjamin Zepeda, Orlando Zepeda. (Commons, Sean) (Filed on 8/15/2018) (Entered: 08/15/2018)

Aug. 15, 2018

Aug. 15, 2018

PACER
79

ORDER denying 73 Defendants' Motion for Relief from Magistrate Judge's Discovery Order. Signed by Judge Edward M. Chen on 08/15/2018. (emclc2, COURT STAFF) (Filed on 8/15/2018) (Entered: 08/15/2018)

Aug. 15, 2018

Aug. 15, 2018

RECAP
80

NOTICE of Appearance by Gary D Feldon (Feldon, Gary) (Filed on 8/16/2018) (Entered: 08/16/2018)

Aug. 16, 2018

Aug. 16, 2018

PACER
81

NOTICE by Elaine C. Duke, Kirstjen Nielsen, United States Department of Homeland Security, United States of America re 79 Order (Notice of Presentation of White House Deliberation Documents for In Camera Review and Request for Administrative Stay) (Dugan, Joseph) (Filed on 8/16/2018) (Entered: 08/16/2018)

Aug. 16, 2018

Aug. 16, 2018

PACER
82

STIPULATION WITH PROPOSED ORDER Regarding Defendants' Production of White House Deliberation Documents filed by Elaine C. Duke, Kirstjen Nielsen, United States Department of Homeland Security, United States of America. (Dugan, Joseph) (Filed on 8/17/2018) (Entered: 08/17/2018)

Aug. 17, 2018

Aug. 17, 2018

PACER
83

RESPONSE to 81 Notice (Other), in Opposition to Defendants' Notice of Presentation by Mazin Ahmed, Imara Ampie, Juan Eduardo Ayala Flores, Maria Jose Ayala Flores, Sherika Blanc, Hnaida Cenemat, Wilna Destin, Hiwaida Elarabi, Elsy Yolanda Flores de Ayala, Cristina Morales, Crista Ramos, Rilya Salary, Benjamin Zepeda, Orlando Zepeda. (Commons, Sean) (Filed on 8/17/2018) (Entered: 08/17/2018)

Aug. 17, 2018

Aug. 17, 2018

PACER
84

ORDER REGARDING PRODUCTION OF DOCUMENTS. Signed by Magistrate Judge Sallie Kim on 8/17/2018. (mklS, COURT STAFF) (Filed on 8/17/2018) (Entered: 08/17/2018)

Aug. 17, 2018

Aug. 17, 2018

RECAP
85

STIPULATION WITH PROPOSED ORDER Regarding Enlargement of Page Limits for Preliminary Injunction Briefing filed by Mazin Ahmed, Imara Ampie, Juan Eduardo Ayala Flores, Maria Jose Ayala Flores, Sherika Blanc, Hnaida Cenemat, Wilna Destin, Hiwaida Elarabi, Elsy Yolanda Flores de Ayala, Cristina Morales, Crista Ramos, Rilya Salary, Benjamin Zepeda, Orlando Zepeda. (Attachments: # 1 Proposed Order Enlarging Page Limitations)(Commons, Sean) (Filed on 8/20/2018) (Entered: 08/20/2018)

1 Proposed Order Enlarging Page Limitations

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Aug. 20, 2018

Aug. 20, 2018

PACER
86

STIPULATION re: Deposition of James D. Nealon filed by Elaine C. Duke, Kirstjen Nielsen, United States Department of Homeland Security, United States of America. (Attachments: # 1 Declaration)(Feldon, Gary) (Filed on 8/20/2018) Modified on 8/21/2018 (slhS, COURT STAFF). (Entered: 08/20/2018)

1 Declaration

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Aug. 20, 2018

Aug. 20, 2018

PACER
87

ORDER granting 86 Stipulation Regarding Deposition of James D. Nealon. Signed by Judge Sallie Kim on 8/21/2018. (mklS, COURT STAFF) (Filed on 8/21/2018) (Entered: 08/21/2018)

Aug. 21, 2018

Aug. 21, 2018

RECAP
88

Clerk's Notice of Video Recording Request. Video Camera hearing set for 9/25/2018 10:30 AM. Objections to Video Recording due 8/30/2018. (afmS, COURT STAFF) (Filed on 8/23/2018) (Entered: 08/23/2018)

Aug. 23, 2018

Aug. 23, 2018

RECAP
89

MOTION for Preliminary Injunction filed by Mazin Ahmed, Imara Ampie, Maria Jose Ayala Flores, Sherika Blanc, Wilna Destin, Hiwaida Elarabi, Elsy Yolanda Flores de Ayala, Cristina Morales, Orlando Zepeda. Motion Hearing set for 9/25/2018 10:30 AM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Responses due by 9/6/2018. Replies due by 9/11/2018. (Attachments: # 1 Proposed Order Granting Plaintiffs' Motion for Preliminary Injunction)(Degen, Alycia) (Filed on 8/23/2018) (Entered: 08/23/2018)

1 Proposed Order Granting Plaintiffs' Motion for Preliminary Injunction

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Aug. 23, 2018

Aug. 23, 2018

RECAP
90

Declaration of Leon Rodriguez in Support of 89 MOTION for Preliminary Injunction filed byMazin Ahmed, Imara Ampie, Maria Jose Ayala Flores, Sherika Blanc, Hnaida Cenemat, Wilna Destin, Hiwaida Elarabi, Elsy Yolanda Flores de Ayala, Cristina Morales, Orlando Zepeda. (Related document(s) 89 ) (Degen, Alycia) (Filed on 8/23/2018) (Entered: 08/23/2018)

Aug. 23, 2018

Aug. 23, 2018

PACER
91

Declaration of Ebtihal Abdalla in Support of 89 MOTION for Preliminary Injunction filed byMazin Ahmed, Imara Ampie, Maria Jose Ayala Flores, Sherika Blanc, Wilna Destin, Hiwaida Elarabi, Elsy Yolanda Flores de Ayala, Cristina Morales, Orlando Zepeda. (Related document(s) 89 ) (Degen, Alycia) (Filed on 8/23/2018) (Entered: 08/23/2018)

Aug. 23, 2018

Aug. 23, 2018

PACER
92

Declaration of Elsy Yolanda Flores de Ayala in Support of 89 MOTION for Preliminary Injunction filed byMazin Ahmed, Imara Ampie, Maria Jose Ayala Flores, Sherika Blanc, Wilna Destin, Hiwaida Elarabi, Elsy Yolanda Flores de Ayala, Cristina Morales, Orlando Zepeda. (Related document(s) 89 ) (Degen, Alycia) (Filed on 8/23/2018) (Entered: 08/23/2018)

Aug. 23, 2018

Aug. 23, 2018

RECAP
93

Declaration of Hiwaida Elarabi in Support of 89 MOTION for Preliminary Injunction filed byMazin Ahmed, Imara Ampie, Maria Jose Ayala Flores, Sherika Blanc, Wilna Destin, Hiwaida Elarabi, Elsy Yolanda Flores de Ayala, Cristina Morales, Orlando Zepeda. (Related document(s) 89 ) (Degen, Alycia) (Filed on 8/23/2018) (Entered: 08/23/2018)

Aug. 23, 2018

Aug. 23, 2018

PACER
94

Declaration of Imara Ampie in Support of 89 MOTION for Preliminary Injunction filed byMazin Ahmed, Imara Ampie, Maria Jose Ayala Flores, Sherika Blanc, Wilna Destin, Elsy Yolanda Flores de Ayala, Cristina Morales, Orlando Zepeda. (Related document(s) 89 ) (Degen, Alycia) (Filed on 8/23/2018) (Entered: 08/23/2018)

Aug. 23, 2018

Aug. 23, 2018

PACER

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Immigration Enforcement Order Challenges

Multi-LexSum (in sample)

Key Dates

Filing Date: March 12, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

U.S. citizen children, from ages five to eighteen, of all TPS holders from El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Southern California

National Day Laborer Organizing Network (NDLON)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

U.S. Department of Homeland Security, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Preliminary relief denied

Order Duration: 2018 - None

Issues

Discrimination Basis:

National origin discrimination

Race discrimination

Affected National Origin/Ethnicity(s):

Hispanic

Other

Affected Race(s):

Race, unspecified

Immigration/Border:

Constitutional rights

Family Separation

Temporary protected status